USA > Massachusetts > Hampden County > Springfield > The first century of the history of Springfield; the official records from 1636 to 1736, with an historical review and biographical mention of the founders, Volume I > Part 15
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disanulled.
April 16th: 1640:
It is ordered yt Henry Smith & Th: mirack shall have power to restrayne ye Indians from breaking up any new grounde or from planting any yt was broken up ye last yeare. alsoe for ye Swampe yt is in ye neck they are to pitch 111) stakes yt soe ye Indians may be limited & restrayned from enlarging ym selves in yt Swampe. Mr Moxon is desired to Joyne wth ym in this acte.
167
THE TOWN RECORDS.
It is ordered yt no man shall fall any Cannoe tree yt shall be wth in ye bounds of ye Plantation wth out ye generall consent of ye Plantation, under Penalty of 20s for every such default.
It is ordered yt ye Plantation shall be called Springfield.
December 24th 1640
It is ordered & voted that wheras Henry Grigory John Leonard Robert Ashley have contrary to an order formerly made sold or pawned away theyer cannoes, they shall have therfor liberty granted them to redeme & bringe ym into the Plantation agayne untill the 15th of may next. & in case of defect herin they shall be lyabel to the forfeture yt is express- ed in the order Dated ffebr: 14th 1638.
[I-26]
It is ordered that these persons underwritten shall have theyr Lotts for ye 2ª division of plantinge grounde, granted them according to ye number of acres and order of place as is underneath written, wch is to be measured out by ye first of Aprill next: P'vided that those yt have broaken up ground there shall have alowance for it as 2 indifferent men shall Judge equall. Single P'sons are to have 8 rod in bredth, maryed P'sons 10 rod in bredth, bigger familys 12 rod, to begin upward at ye edge of ye hill.
John woodcock. I .. 8 rod in bredth.
Wid: Searle. 2 .. 10
Robert Ashly. 3 .. 08
John Deeble. 4. . 08
Rowl: Stebbines
5. . IO
Tho: Stebbines
6 ... 8
Sam: Hubbard
.7. . 10
Tho: mirack 8. . 10
Sam wright
.9. . IO
Hen: Burt 10 .. 12
Hen: Smith II .. 20
Io of wych is for mr Moxon
will warener 12 .. IO
Rich: Sikes
13 .. 10
wid: Horton
.14 .. 14
168
THE FIRST CENTURY OF SPRINGFIELD.
John Leonard 15 .. 10
Hen: Grigory 16 ... 8
Eliz: Holyoke. .17 .. IO
December 24th 1640.
There is leave granted mr Hollyoke, william wearrener, & Henry Burt to seeke out for ye use of them a Cannoe tree. Samuell Hubbard is alsoe appoynted by a generall vote to Keepe an ordinary for ye entertaynment of Strangers.
December 24th 1641.
It is mutually by vote agreed for ye orderinge of wages for Severall labourers, viz for husbandmen or ordinary laborers fro ye first of Novembr to ye first of march to worke at 18d P'day, for ye other Pt of ye yeare not to take above 20d P day, for carpenters for ye first 4 months 20d P day, for ye other Pt of ye yeare 2s P day: for mowers 2s P day for tay- lers Iod P day, wch severall laborers are to worke 8 hours in ye winter Pt, & 10 hours in ye Somer Pt, besides eatinge & sleepinge, taylors to worke 12 hours: It is alsoe for teames that they shall worke 4 cattell & one man at 6s P day, fro. may till October to worke 8 hours, & ye other Pt 6 hours, & if they carry by ye loade to worke pportionally, this order to continue for one wholl year followinge on till order be taken to ye contrary.
It is ordered yt every trayned man shall have his peice fixed fit for service, & each peice I lb of powder & 20 bullets to ly by them, besides what they use in dayly service, wch they are to get in readyness by ye 8th of January next and on defect herin to be lyable to what fine shall be imposed.
It is ordered yt every householder shall have in readyness about his house a ladder about 16 rungs or steps at least to P'vent ye danger of fire. Penalty 5s.
It is ordered yt no P'son shall carry fire in ye street with out coveringe, under penalty of payinge 5s for every offence in this kind.
It is ordered yt every inhabitant shall scoure & make a ditch ye bredth of his lott before his doore wch is to be done
*
169
THE TOWN RECORDS.
by ye last of may next, on ye penalty of 5s for every default yt way.
[I-28 Blank I-29] March 17th 1641.
It is agreed with the generall consent and vote of the In- habitants of Springfield: That if any man of this Township shall under the Coulour of friendship or otherwise, Intertayne any P'son or P'sons heere to abide or continue as inmates, or shall subdevide theyr house lotts to entertayne them as ten- nants or otherwise for longer tyme then one month or 31 clays wthout the generall consent and alowance of the In- habitants (children or servants of the family that remayne single P'sons excepted) shall forfeite for the first default xx 5 to be destrayned by the Constable of theyr goods cattell or chattailes, for ye publique use of the Inhabitants: And alsoe he shall forfeite xxs P month for every month that any such P'son or P'sons, shall soe continue in this township wthout the generall consent of the Inhabitants: and if in ye tyme of theyr aboade after ye limitation abovesayd they shall nee.le releefe, not being able to mayntayne themselves, then he or they that intertayne such P'sons, shall be lyable to be rated by the Inhabitants, for ye releife & maintenance of the sd P'ty or P'tys soe entertayned as the Inhabitants in theyr dis- cretion shall thinke meete.
November 17th 1642.
It is ordered by ye Joynt consent of ye Inhabitants of ye Plantation for the orderinge of Sayers [Sawyers ] wages, that workmen of yt nature shall sawe henceforth at 3s 8d P C for boardes, & 4s 4d P C for slitworke ye tymber to be brought home to ye pit hewn and made ready, & if ve sd workmen shall sawe tymber & sell ye boardes they shall not exceed ye price of 5s 6d P C, P'vided yt if ye Pit be made wth in ye space of distance yt is betwixt mr Pynchons house & Sam: wrights it shall be accounted as in ye towne.
There is leave granted to Samuel Hubbard to sell his Cannoe.
*
170
THE FIRST CENTURY OF SPRINGFIELD.
[I-30]
March 14th 1642.
Henry Gregory beinge purposed to sell his lott and ppoundinge it to ye Plantation by his sonne Judah accord- inge to order, Richard Everit beinge his chapman. The Plantation gave ye voate wherin they disalowed ye chapman ppounded and resolve to buy ye lott accordinge to ye con- ditions expressed in a former order, Dated January 24th. 1638.
January 26th 1642.
It is agreed upon by ye generall vote and consent of the Plantation that these six men undernamed shall have full power to lay out the lands both of upland and meddowe on ye other side of ye greate river where ye Indians live, and all ye meddowe on Aggawam, so far as shall amount to an hun- dredth & fifty acres, allotinge to every P'sent Inhabitants his pportion of these meddowe grounds, and ye uplande for 30 familyes of plantinge grounde, to be distributed to every P'son his pportionable quantity as shall be by ye chosen P'sons thought sutable to ye P'sons & estates of ye P'sent In- habitants, soe far as ye discression of ye sd P'sons shall leade ym. Ye P'sons are as followeth :-
Henry Smith, Elitzure Holyoke, Henry Burt, Samuell Chapin, Richard Sikes, Thomas mirack.
It is alsoe voted yt £20 of ye purchas shall be layd on ye P'sent Inhabitant & ye other fio on those Inhabitants yt are yet to come, p'vided yt if ye Indian purchase be payd, & no man to have any benefit by ye land undivided in case of sale till ys tyme 12 months, then every man to possess his land.
March 9th 1642.
It is ordered that there shall be a bridge & high way made to ye mill, for ye passadge of Carts & cattell, those yt were wantinge in ye worke of ye former bridge to make it up in ys, & then to goe through ye towne every man his day, & what is done by every man to be kept on account, & to be made even when they make ye way over ye meddowe. Henry Smith & Richard Sikes are appoynted overseers of ye worke.
17I
HISTORICAL REVIEW.
ffebruary 22th 1643
whereas ther was a clause in a former order dated Decem- ber 24th 1641 alowinge husbandmen or ordinary laborers for 4 months in ye winter Pt of ye yeare 18d P day, it is therfore ys day abovesd ordered by ye generall voate yt all such husbandmen or laborers shall not exceede 16d P day for tyme to come & to worke 8 howers as in ye former or- der expressed.
Ordered alsoe yt morgan Johnes shall have 4 acres of ground layd out for plantinge next above ffrancis Ball up ye river.
[I-32]
April1 6th 1643
A list of ye Alotments of Plantinge lotts as they were cast wyth ye order how men doe fall, begininge at ye ends of ve 80 rod lotts yt face to ye greate River. mr moxon is to have ve first by consent of ye Plantation.
Mr Moxon
acres 18 acres
Tho: Coooper
I
5
Tho: Stebbins
2
7 3-4
Tho: Stebbins
3
7
I-2
Good: Bridgman
4
II
O
Sam: Chapin
5
IO
I-2
Rich Sikes
6
8
O
Rowl: Stebbins
7
II
O
2 lott
Sam: Hubbard
8
5
O
Ell: Hollyok
9
34
O
Hen: Burt
IO
I5
I-4
inr Pynchon
II
80
O
Robt Ashly
I2
I7
O
Jno Leonord
I3
9
O
Sam: Hubbard
I4
IO
3-4
will warener
I5
8
I-2
Alex: Edwards
16
II
O
Hen: Smih
17
45
I-2
Tho: mirack
18
I2
3-4
2 lott
172
THE FIRST CENTURY OF SPRINGFIELD.
Rich Sikes
2
I
Jno Dover 19
5
0
Sam: wright
20
13 3-4
Jnº Deeble
21
6
3-4
Roger Pritchard
22
5
0
disanulled agayne.
[1-33]
Lots cast for meddow ground on Agawam side, wher is 2 Pts of ye quantity to be divided.
acres
inr moxon
I
8
Ell: Holyoke
2
I4
mr Pynchon
3
32 alowance 8 acres.
will warener
4
02
Sam: Hubbard
5
OI
Rich: Sikes
6
OI
Hen Smith
7
17
San: wright
8
02
I- 2
Tho: mirack
9
04
Rowl: Stebbins
IO
02
I-2
2 lot
Th: Stebbins
II
02
I-2
Jnº Dober
12
OI
G: Bridgman
I3
03
Alex: Edwards
I4
03
Jnº Deeble
I5
OI
Jnº Leonard
16
02
Hen: Burt
17
02
Sam: Chapin
18
OI
Ro: Ashly
I9
04
I-2
Tho: Cooper
20
02
S. Harmon
Tho: Stebins
21
02
Sam: Hubbard
22
02
108
--
-
.
2 lot
I73
HISTORICAL REVIEW.
Lotts on ye other side of ye great river for meddow
Rowl: Stebbins
I
I I-2
wil: warener
3
I
Robt Ashly
4
2
I-4
mr Pynchon
5
I6
I-2
Tho: Cooper
6
OI
Hen: Burt
7
I I-2
Alex: Edwards
8
OI
I-2
Sam: Hubbard 2 lot
9
I-2
Tho: Stebbins 2 lot
IO
00
3-4
John Leonard
II
OI
I-4
Sam: Hubbard
12
OI
Hen: Smith
I3
09
G: Bridgman
14
02
I-2
Jnº Deeble
15
OI
Tho: mirack
I6
OI
3-4
Jnº Dober
I7
00
I-2
Sam: wright
18
OI
I-4
Tho: Stebbins
19
00
I-2
Ell: Holyoke
20
07
Sam: Chapin
21
00
I-2
mir 1110X011
22
04
57
I-4
[I-34]
ffebruary 23th 1643
It is ordered yt Samuell Chapin shall have his 2d lottment to Elitzur Holliokes & John Dober next to him downward. Thomas Cooper is to have his 2d lott next yt he hath al- ready & Roger Prichard to have his 2d lott next above hin.
It is ordered and voted yt ther shall no Barnes nor any other housinge be set up or built in ye high way betwixt y-e streete fence & the Brooke, except they have 4 rod for ye high way. Se ffebr 5, 1649, order 5th.
April 3th 1644
It is ordered yt Henry Smith, Sam: Hubbard, Robt Aslily shall have power to dispose of the Swampe grounde for this
174
THE FIRST CENTURY OF SPRINGFIELD.
P'sent yeare to whom they shall Judge most to be in neede.
It is ordered yt those Lotts from Roger Pritchards down- ward shall have theyr 2d alotments below Aggawam River mouth, every man to have 5 acres a peice to runn in length 80 rod, theyr lotts to abutt agaynst ye greate river.
ffebruary 26th 1643
Accordinge to trust imposed on us the partys undernamed by ye Plantation: we have treated with Thomas Stebbins and ffrancis Ball for the purchase of a parsell of ground of them in theyre home lotts next the river. wth ffrancis Ball we have agreed for one acre of ground, and to give him two acres for it in recompense in his second lott on the other side of the river: with Thomas Stebbins we have agreed for one acre and a halfe, of wch we have conditioned to have 2 rod in breadth to ye meeting house: and in recompense of this acre & halfe we agree to give him 3 acres of land adjoining to his third greate lott on ye other side of ye greate river. By us
william Pynchon Henry Smith
[Note .- On the margin of the preceding, in the hand of Henry Smith, the town clerk, is written: "It is accom- plished." In the hand of another and subsequent clerk is: "See in the new Town Booke page 159 satisfaction for it; in the new Town Booke page 159 Jonathan Bell had land on his own account."]
[I-35]
A rate made the 6th of may, 1664, for the raysinge of £20 in part of payment for ye Indian purchas of ye land of the Plantation.
£
S
c
James Bridgeman
0
I2
06
mr Pynchon
4
08
08
mr moxon
I OI
08
Ell: Holyoke
2
00
00
Tho: Cooper
O
TI
00
Hen: Smith
2
06
06
175
HISTORICAL REVIEW.
Sam Chapin
O
08
IO
John Doben
0
07
04
Rich: Sikes
O
09
02
will: warener
O
IO 00
Tho: Stebbins
O
08
09
ffra Ball
0
07
06
Robt Ashly
O
05
00
Jno Leonard
0
IO
04
Tho: mirack
0
I3
03
Alex: Edwards
0
II
IO
Sam: Hubbard
O
IO
09
morgan Johnes
O
03
00
Rowl: Stebbines
O
II
06
Sam: write
0
12
05
Henry Burt
0
I2
07
Jnº Harman
O
08
IO
Rodger Pritchard
O
08
06
Tatall is
I9
18
04
This rate is made voyd by an order made the 26th January 1646.
[I-36]
[In the handwriting of William Pynchon.]
Springfield the 26 of the 7 m. 1644.
It is this day agreed by generall vote of ye Towne that Henry Smith Tho Cooper Samuell Chapin Richard Sikes & Henry Burt shall have power to order in all the prudential affaires of the Towne, to prevent anythinge they shall judge to be to the dammage of the Towne or to ordr any thing they shall judge to be for ye good of ye Towne: & in these affaires they shall have power for a yeere space & that they, 5, or any three of them shall also shall be given full power & virtue, alsoe to here complaints, to Arbitrate controversies, to lay out High ways, to make Bridges, to repayr High wais, specially to order ye making of ye way over the muxie med-
Jnº Deeble
O
08
05
176
THE FIRST CENTURY OF SPRINGFIELD.
dow, to see to the Scouring of Ditches, & to the killing of wolves, & to training up of children in some good caling, or any other thing they shall judge to be to ye p'fitt of ye Towne.
[In the handwriting of Henry Smith.] January 10th 1644
By ye Joynt consent of ye Plantation there is leave granted (notwth standinge a former order Dated March 17th 1641 to ye contrary) unto william vaughan to lett out his land to Rise Burdondon for ye space and terme of six yeares, to be im- p'ved by him.
[I-37]
It is mutually agreed by the Inhabitants for the speedy carryinge on of a meeting house that every inhabitant shall afford 23 dayes worke when he shallbe required by him who shall undertake ye building of it, P'vided he shall not require above 6 dayes worke at a tyme, and if ye carpenter shall im- ploy them about any kind of worke they are to attend to it as if they were in the carpenters worke, and to be accounted as worke done to ye meeting house.
ffebr 28th 1644.
The conditions of a bargaine made by ye Inhabitants of Springfield wth Thomas Cooper for the buildinge of a meet- ing house is as followeth. The sd Thomas Cooper is to build ye house in length 40 foote. in breadth 25 foote. 9 foote betwixt Joynts, double studded, 4 large windowes, two on each side, & one smaller windowe at each end, one large doare at ye south side, and two smaler doars as shall be thought convenient: to lay justs for a floore above, to shin- gle ye roofe with two turrets for a bell and a watch house, to underpin ye house with stoane, to dawbe ye wales, to p'vide glass for ye windows (if ye pay he hath of the Plantation will p'cure it) alsoe to find nayles and Iron works for ye ful com- pleating of ye buildinge, wch is to be finished by ye 30th Sep- tember, 1646. In consideration of which worke ye Plant- ation doe Covenant to pay him fouer score pounds as money:
177
THE TOWN RECORDS.
to be payed quarterly If he desires it, wch is to be payd in wheate, pease, porke, wampam, debtes, labor.
The 26th of March, 1644, this bargaine wth Thomas Cooper was acknowledged by ye Towne to be fulfilled & he discharged by vote.
[I-38]
ffebr 20th 1644.
It was by ye generall voate of ye plantation referred unto ye five men to pitch a prise on such comoditys as are payable to Thomas Cooper for his worke about ye meeting house. and accordingly we have Joyntly agreed, that wheate shall be pd in at 35 4d P b. pease at 2s 8d P b, porke at 3d 1-2 P 1b, the first payment beinge to be £30 to be payed march next.
There is alsoe power given to ye 5 men to pportion to each men of ye new inhabitants yt have not yet had theyr devi- sions of plantinge land & meddowe what they shall Judge competent to each man & suitable to his condition.
Revoked.
Wheras there is notice taken of a greate neglect in many of the Inhabitants for want of seasonable sweepinge of ye chimnys, wch may p've very p'judiciall to ym & others, therof: in consideration hereof we have mutually agreed & ordered yt fro: this p'sent day forward every householder doe care- fully attend ye sweepinge of his chimny once every month for ye winter tyme, & once in two months for ye somer tyme. this order to be in force fro: this p'sent day, and in case any man shall be found defective heerin by ye p'son appoynted by us to see ye execution, it shall be in ye power of that man to apoynt another to doe it & ye p'son soe neglectinge shall be lyable to pay 12d to him yt shall doe ye worke.
It is alsoe agreed by us to meete ye last Thursday in every month when all p'sons yt have any busynes to us may resort.
march 28th 1645
It is voted yt Samuell Hubbard, John Leonard, william Jess, shall take an account of ye cattell & stock of ye Planta- tion & apprise ym for the raysinge of a rate for inr moxons maintenance of £55.
178
THE FIRST CENTURY OF SPRINGFIELD.
may I. 1645.
It is voted alsoe may ye first, 1645, yt ye rates shall be made only upon the house lotts & all other alotments wch are al- ready layde out shall be exempted.
It is alsoe voted yt mr Hollioke, Tho: mirack, ffrancis Ball Tho: Stebbins shall speedily take a view of ye long meddow & what other grounds they shall thinke meete and light to ye Plantation for future divisions.
There is a remission of all fines yt are due for defect of making & scouringe ditches, untill ye last of ys month & if any be then defective ye penalty is to be executed of 5s to goodman Pritchard.
[I-40]
may the ffirst 1645.
It is voted with ye Consent of ye plantation that whosoever shalltakeany mans Cannoe or vessell without his leave shall be lyable to ye fine of 2s 6d for every such default.
william warrener Robert Ashly is to be accountable to ye towne for 5s each of ym for breach of an order for selling yr Cannoe wthout leave ye rest of ye fine being remitted ym, wych they are to pay in to Samuell Chapen ye Constable.
william warener is to be accountable to ye towne for IOS for breach of an order for sellinge his cannoe wch he is to pay in to Samuell Chapen, Ios more is remitted to him.
may the 7th 1645
It is voted and agreed upon by ye generall consent of the Plantation that if any Inhabitant shall absent themselves from any towne meetinge upon any sufficient warninge given them, or shall withdraw themselves from ye meetinge before there be a full discharge without a sufficient excuse or leave, shall be lyable to pay halfe a bushell of Indian corne for every such defect. It was voted to be sufficient warninge if publik noticement given after a lecture to meete in the af- ternoon.
[In the handwriting of William Pynchon.]
ma y. 7. 1645
It is voted and agreed that six men that wanted their third
179
THE TOWN RECORDS.
Allotments of planting ground on ye other side of Quinnette- cot River viz: Jo: Dober Sam: wright Alexander Edwards Jo Dible Tho Mirack & Roger Pritchard shall have the said quantities of planting ground formerly granted in this Booke: in the Long meddow.
And Henry Smith has his 3d allotment of planting ground wych he wanted on the other side of ye River wch was 45 akrs to have it in the upper end of ye plaine above ye 3 corner meddow brook, & in exchange for his 2d lott of planting ground on ye other side of ye River he is allowed 6 akrs more adjoyning to ye said 45 in ye upper end of the said plaine, in all he is allotted to have 51 akrs.
disanulled wth consent
[I-4]]
Moreover it is granted to miles morgan Abraham mun- den Francis Pepper John Burrhall & 4 other lottes next John Burrhall that they shall have each of them a convenient portion of planting ground in the said plaine above the 3 corner brook next adjoyning to Henry Smith.
Moreover it is agreed that ye said 3d allotments wch are granted to the lower end of the Towne shall have their allotments in the long meddow & that they shall lie in this ordr Mr Pynchons mill lott allotted to his mill shall be laid out about the-or knapp of pines by the River side & so all the other alotments are to lie in ordr upward as the house lotts lie in ordr, except the 5 men now assigned to pportion the said lotts shall see cause to alter it: & the six men above named shall have their allotments in ordr this side them. It is also ordered that 5 men viz Elitzur Holioak Serjant mer- ick: Samuell Chapin: Robert Ashly & Henry Burt shall con- sider what pportion of planting ground shall be allowed to each house lott according to ye former rule leaving some things to their discretion for inlarging ye quantie: & besides ye 3d allotments to Alexander Edwards, no 2 is II akrs, there is 7 akrs now granted to him at his request as a free gift: in all he is to have there 18 akrs, he requested ye said 7 akrs
180
THE FIRST CENTURY OF SPRINGFIELD.
in recompense of a house lott which he thought was due to him when he married the widdow Searles.
disanulled wth consent
[I-42] [In the handwriting of Henry Smith.] may the 19th 1645
It is ordered wth ye Joynt consent of all ye Plantation at a publique meetinge after sufficient warninge: That whereas there was formerly a 3d Alotment of Plantinge grounde granted to all ye Inhabitants fro: Roger Pritchards lott & upwards, The sd Inhabitants are now freely content to lay downe ye sd 3d alottments, and are all content to stand to ye (letermination and alotment of seven men chosen by ye wholl assembly for ye appoyntinge of 3d & 4th alotments to ye wholl Town: viz: Henry Smith: Elizur Holyoke: Sam: Chapin: Tho: Cooper: Tho: mirack: Rich: Sikes: Hen: Burt: who are to divide ye towne in eqall parts for estates and per- sons: and soe halfe ye Towne downward accordinge to an equall division of estates, and as in discretion they shall Judge fit and Just, are to have theyr third and 4th alotments in ye Longe meddowe, and on ye other side of the River over agaynst ye long meddowe: And ye upper part of the towne are to have theyr third and 4th Alotments in ye playne above ye 3 corner brooke, and one ye other side of the greate river at ye end of ye five acre lotts. And all wth one consent doe freely pmise to stand to ye aforesd determination and allot- ment; and all former orders about the 3d alotments to be nul- lified.
[I-43]
September 23th 1645.
wheras the Plantinge of Indian Corne in ye meddows & swampe on ye other side of Agaam river, hath occasioned a longe stay after mowinge tyme before men can put over theyr cattell thither: Therefore it is ordered wth the consent of all those that have plantinge grount there That no more Indian corne shall be planted neither in ye meddow nor in ye Swampes, That soe the cattell of all those that have alot-
181
THE TOWN RECORDS.
ments there may be put over by ye 15th of September, P'vid- ed they take a sure course to keepe theyr cattell from goinge over ye river by a Keeper in y" day tyme, & by Keeping ym in some fenced place in the night tyme: only calves may be put over thither by the 14th of August. & if any shall put cat- tell there bef: ye days expst he shall forfeite 25 6d P ye head for every default & be lyable to pay all damage yt his cattell shall doe on either side ye river.
Complaynt beinge made that divers that keepe teames on the other side of ye River in ye Springe tyme to plough there, have formerly much damnified other men by theyr Cattell, in eating the greene corne, and ye first sprout of mens meddows: It is ordered therfore yt ye sd teames of Cat- tell shall be kept in some house or yeard till ye first of may and if any keepe theyr longer, they are to pasture them up- pon theyr owne ground or uppon ye Comon, or uppon ye 3d lotts, not beinge meddow nor impved to tillage, soe they tend ym wth a sufficient keeper: And in case any shall neglect this order, they shall be lyable to py ye five shillings for ye breach of it: Besides other damages fro: feedinge upon other mens corne or meddow ground. as Indifferent men shall award ve vewe therof.
whereas divers neighbors between ffrancis Ball his lott and Benjamin Coolys lott have complayned that some of yt Neighbor hood refuse to Joyne wth ym in makinge a fence to save theyr neighbors harmeless: Therefore it is ordered that all the sayd Inhabitants shal Joyne together in a suffi- cient generall fence, every man brakinge a pportionable share accordinge to each mans quantity of acres: and in case any cattell brake in through any part of ve sd generall fence: Then two indifferent men shall be chosen by ye partys in Controversy, to vew ye sd fence and trespass, and he whose fence is found defective shall beare ye damadge as two indif- ferent men shall award: And in case yt any cattell breake in out of mens particular yeards, they shall pay such damadges as ye two indifferent men shall award, and they shall aniend theyr fences as the sd indifferent men shall order and appoynt
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